Changes To The Contract
Changes to an employment contract are generally governed by the contractual terms and common law. Any contract containing covenants not to compete must have consideration, which can include initial employment or continued employment of an at-will employee.
Change In Ownership Of The Business
Parties may implement provisions restricting trade, including non-competition agreements, in connection with a change in ownership of the business (Colo. Rev. Stat. §8-12-113). Contractual provisions and federal law may apply.
Social Security Contributions
Employers and employees are both required by federal law to make social security contributions. Employers are also required by state law to make contributions for unemployment benefits and may also be required to pay for workers’ compensation insurance (Colo. Rev. Stat. §8-40-101, et seq.).
Accidents At Work
Employee injuries occurring at work are governed by the Colorado Workers’ Compensation Law (Colo. Rev. Stat. §8-40-101, et seq.). Employers may also be responsible under common law for accidents caused by the acts of their employees. Federal occupational health and safety laws may also apply.
Discipline And Grievance
bargaining agreement or other contract may apply.
The Colorado Anti-Discrimination Act prohibits discrimination in employment on the basis of race, color, religion, national origin, gender, marital status/family relations, sexual orientation, ancestry, age (40 and older), or disability. With certain exceptions, this provision applies to any person employed by an employer, except a person in the domestic service of any person (Colo. Rev. Stat §24-34- 301, et seq.). The Colorado Anti-Discrimination Act and the Colorado Equal Pay for Equal Work Act also prohibit employers from paying employees of a certain gender a wage rate less than the wage rate paid to employees of a different gender who perform the same quantity and quality of the same classification of work, unless the pay differential is based on seniority, geographic location, education, or other qualities (Colo. Rev. Stat. §8-5-102). Colorado also follows federal laws prohibiting employers from using genetic information or genetic test results to distinguish between, discriminate against, or restrict the rights or benefits of current or prospective employees, nor are they allowed to disclose an employee’s genetic information.
Compulsory Training Obligations
There are no statutory provisions regarding compulsory training obligations.
In addition to deductions mandated by local, state, or federal law, an employer may make deductions for loans, advances, goods and services, equipment or property provided, insurance and other benefits, garnishments, and other deductions for theft or shortages if certain proper steps are undertaken (Colo. Rev. Stat. §8-4-105(1)). An employer may not make deductions below minimum wage (Colo. Rev. Stat. §8-4-105(2)).
Payments For Maternity And Disability Leave
As of 2021,there are no statutory provisions currently in effect regarding payments for maternity and disability leave. Contractual provisions and federal law may apply. Beginning January 1, 2024, employees who have earned at least $2,500 at their job and submit an application for leave may take up to twelve weeks of paid leave related to (1) the placement, adoption, or birth of a child; (2) the employee’s serious health condition; (3) caring for a family member with a serious health condition; or (4) safe leave due to domestic violence. This leave is job-protected for any employee who has been employed by their employer for at least 180 days.
Beginning January 1, 2023, employers must remit premiums equal to a percentage of each employee’s wages to fund the state paid family leave program.
All public and private employers in Colorado, with limited exceptions, must provide workers’ compensation coverage for their employees if one or more full- or part-time persons are employed. A person hired to perform services for pay is presumed by law to be an employee. This includes all persons elected or appointed to public sector service and all persons appointed or hired by private employers for remuneration (Colo. Rev. Stat. §8-40-101, et seq.).
Absence For Military Or Public Service Duties
Time off for the performance of military obligations is protected under both federal and Colorado law. An employer may not refuse to hire, discriminate against, or discharge a person due to service or intended service in the National Guard or state militia (Colo. Rev. Stat. §28-3-506). Leave without pay must be granted for additional periods of compelled service for up to 15 days per year. Private employees have reinstatement rights to the same or similar position (Colo. Rev. Stat. §§28-3-609 and 610.5).
Jury Duty: a Colorado employer can require a worker to report to work after jury duty, if the jury duty does not last throughout the employee’s entire shift. Under C.R.S. §13-71-126, an employer must pay the worker their usual wages, up to $50 per day, for the first three days of jury duty. An employer may pay the worker more, by mutual agreement. This law applies to full-time, part-time and temporary workers who have worked for the same employer for 3 months or more.
Voting: As a general rule, Colorado employers must provide employees who are eligible voters up to two hours off with pay if the employee does not have three consecutive hours off to vote between the time of poll opening and closing, 7 a.m. and 7 p.m.
Works Councils or Trade Unions
Two or more persons have the right to organize and bargain collectively with an employer (Colo. Rev. Stat. §§8-2-101, 8-3-106). State employees also have the right to bargain collectively (Executive Order D 028 07). Federal law may also apply.
Employees’ Right To Strike
All private employees have the right to organize and bargain collectively through representatives of their own choosing (Colo. Rev. Stat. §8-3-106). State employees have a qualified right to strike. Under the Industrial Relations Act, a state employee’s right to strike is conditioned on whether the Director of the Division of Labor chooses to exercise jurisdiction over the labor dispute. Federal law may also apply.
Employees On Strike
Generally, federal law applies to employees engaging in strike, picketing or boycott activities. State and local laws may apply when there is strike violence.
Employers’ Responsibility For Actions Of Their Employees
Under the doctrine of respondeat superior, an employer may be liable for the negligent acts or omissions by an employee that are committed within the course and scope of employment. Employers may also be liable for negligent hiring and/ or retention where the following elements are met: (1) the employer knew or should have known of an employee’s dangerous proclivities; (2) the employee was hired (or retained in employment); (3) the employer’s negligent act or omission was the proximate cause of an injury sustained by the plaintiff at the hands of the employee; and (4) the employee’s misconduct was consistent with the employee’s dangerous proclivity. For this claim, it is not necessary that the offending conduct occur within the course and scope of employment.